N.M. Code R. § 20.11.101.18

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.101.18 - CERTIFICATION REQUIREMENTS FOR AIR CARE INSPECTION FACILITIES

No individual or business shall represent itself as a certified AIR CARE inspection facility without being in possession of a duly authorized and currently valid certificate issued by the Program Manager. Violations of the requirements of 20.11.101.18 NMAC shall be a violation of this Part.

A. The Program shall enter into an emissions inspection contract with one or more independent contractors following the review of proposals (RFP), to provide for the construction, equipping, operation and maintenance of official test-only AIR CARE inspection facilities, in such numbers and locations as may be required by 40 CFR Part 51 to provide vehicle owners reasonably convenient access to inspection facilities for the purposes of obtaining compliance with 20.11.101 NMAC.

B. In consultation with the Mayor's Office, City legal staff, City Finance and Management Department, the City Council, and the County Commission, the Program Manager shall establish request for proposals (RFP) specifications and contract terms for a contract with the independent contractor(s) and negotiate any terms of a contract with the independent contractor(s).

C. The Program Manager is prohibited from entering into an emissions inspection agreement with any independent contractor who:

(1) Is engaged in the business of manufacturing or selling vehicles.

(2) Does not have the capability, resources or technical and management skill to adequately construct, equip, maintain and operate a sufficient number of official AIR CARE inspection facilities to meet the demand for inspection of every vehicle which is required to be submitted for inspection subject to 20.11.101 NMAC.

D. All independent contractors and persons employed by or contracted with the independent contractor to perform the terms of the emissions inspection contract shall be employees or agents of the independent contractor and not of the City, County, the VPMP or the Board. No employee, agent, or contractor of any independent contractor shall wear a badge, insignia, patch, emblem, or device, which would tend to indicate that such person is an employee of the City, County, or State.

E. No person shall solicit, advertise or imply that a facility is an AIR CARE inspection facility certified by the Program Manager to conduct inspections pursuant to this Part without having a current contract with the City, County, and Program.

F. No AIR CARE inspection facility owner or operator shall allow a person to conduct any part of an inspection pursuant to 20.11.101 NMAC unless that person is an AIR CARE inspector certified by the Program Manager and has a current Program-issued certificate on display on the premises.

G. Certified AIR CARE inspection facility owners/operators shall be responsible for the general management of their facility(ies) and for the supervision of their AIR CARE inspectors and technicians in accordance with this Part, the VPMP Procedures Manual and other procedures and policies of the Program.

H. Performance of Certified AIR CARE Inspection Facilities.

(1) Each certified AIR CARE inspection facility shall obtain and pay for routine and unscheduled maintenance and for replacement of parts for its approved exhaust gas analyzer systems.

(2) Each certified AIR CARE inspection facility shall provide vehicle owners or drivers access to the inspection area so that the owner or driver can observe the official inspection. Such access can be limited, but in no way shall prevent full observation.

(3) Each certified AIR CARE inspection facility shall post, on the exterior of the facility, a sign in a conspicuous location indicating the fee charged for inspections and the approximate current waiting time for vehicle owners wanting their vehicle inspected. The sign shall meet the requirements established by the Program Manager and specified by the independent contractor's contract with the Program.

(4) A certified AIR CARE facility may not refuse any vehicle for inspection based upon the race, color, religion, sex, national origin or ancestry, age or physical handicap or disability of the motorist, nor may the facility refuse any vehicle for inspection because of the make, model, or year of the vehicle.

N.M. Code R. § 20.11.101.18

11/16/93. . .12/1/95; 20.11.101.18 NMAC - Rn, 20 NMAC 11.101.II.7, 10/1/02